This email was sent to each Councilmember individually hoping to get a response from them without violating the Brown Act.
Only Councilmember Darcy Paul replied to support the special meeting to discuss the ballot question for CCSG Initiative as long as a second Councilmember would agree.
---------- Forwarded message ----------
From:
Liang C
Date: Sunday, May 1, 2016 at 4:08 PM
Subject: Supporters of CCSG Initiative Deserve a Fair Chance
To: Savita Vaidhyanathan <
svaidhyanathan@cupertino.org>
Dear Councilmember Savita Vaidhyanathan,
Your prompt response is appreciated on this very important matter.
Supporters of CCSG Initiative deserves a fair chance to refute the claims in EC 9212 Report. Please send Mayor Chang an email to request to put the ballot question of CCSG Initiative on May 3rd Council meeting agenda.
By requesting to put the ballot question of CCSG Initiative for discussion, you simply agree to be fair and finally giving the supporters of CCSG Initiative enough time to prepare to refute the claims made in EC 9212 Report on building heights. I'm sure that you won't deny the citizens a fair chance as they well deserve.
We just realized that May 3rd Council meeting is the last chance for the Council to amend the ballot question before the citizens are forced to pursue other legal action.
On March 31, 2016, the supporters of CCSG Initiative did not know that the city would amend the ballot question based on a letter from Sand Hill. The public has no knowledge of the existence of the letter from Sand Hill's attorneys sent moments before March 31 Council meeting. The public has no knowledge that the staff would change the recommended ballot question in the staff report and prepared by the City Attorney. The public were surprised by the amended ballot question. All throughout the March 31 meeting, the amended ballot question was not never once displayed on the screen for all to see what exactly were being amended in the context of the full 75-word ballot question.
Therefore, the supporters of CCSG Initiative were not prepared to argue against EC 9212 Report at all on March 31 since the last minute amendment was a total surprise. The public did not know why the outside counsel Mr. Perlmutter derived his false interpretation in EC 9212 Report at all during March 31 Council meeting. Without going back to study EC 9212 Report, the public was not given a chance to refute Mr. Perlmutter's false interpretation.
In the morning of April 5, 2016 at 9 am, the CCSG Initiative committee were given a courtesy notice of the 9 pm special meeting called to change the ballot question to "increase to 45 feet". Scrambling to prepare for the meeting while juggling daytime jobs and family commitment, the supporters of CCSG Initiative was again caught by surprise. There was no staff report given in the 9pm special meeting to give any reason why the city decided to call a special meeting with no new evidence.
The supporters of CCSG Initiative didn't read the argument in EC 9212 Report and the letter from outside counsel Ms. Bricks sent at 4:40pm on April 5 until after April 5 meeting. And as it turns out, EC 9212 Report and outside counsel Ms. Bricks made the same mistake of ignoring the important phrase "shown in Figure LU-1" and Figure LU-1 in Page 6 of the CCSG Initiative text. As Liana Crabtree pointed out in another email, the outside counsel who prepared EC 9212 Report most likely mixed up versions of the General Plan from Dec. 2014 with the most recent one adopted on Oct. 20, 2015.
We plead that the Council give the supporters of CCSG Initiative a fair chance to refute false interpretation in EC 9212 Report. It's important that the ballot question of CCSG Initiative reflects the "true and impartial statement of purpose" in accordance to Elections Code.
On March 31, we were surprised with a last-minute amendment with literally no time to study or prepare any rebuttal.. On April 5, we were surprised with a last-minute special meeting with again literally no time to study and prepare sufficient rebuttal.
Putting the ballot question of CCSG Initiative on May 3rd meeting is only giving the citizens a fair chance to refute false interpretation in the EC 9212 Report and in the letter from outside counsel sent at 4:30pm on April 5, moments before the April 5 Council meeting. I'm sure that you believe in fairness and a through process. Please send an email to Mayor Chang to request the ballot question of CCSG Initiative be placed on May 3rd Council meeting agenda.
Your prompt response is appreciated on this very important matter, whether or not you agree to give supporters of CCSG Initiative a fair chance. As long as 2 Councilmembers support in giving citizens a fair chance, Mayor Chang has agreed to put the matter on May 3rd agenda as a 9pm special meeting.
We would be available to meet any time on Monday if you would like to understand more about the issues surrounding building heights in CCSG Initiative.
Sincerely,
Liang Chao
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